Wednesday, 5 November 2014

Letter to the Daily Telegraph: The need for the UK to opt in to the EAW

Steve Peers

The following is the text of a letter published in today's Daily Telegraph, and the subject of a front page story in that paper (see also the web version), as well as the Guardian and BBC News websites. The vote in Parliament is scheduled for Monday 10th November.

If you are a UK practitioner, academic, politician or NGO or and would like to add your name to this list of signatories, please tweet me at @StevePeers or e-mail me at speers@essex.ac.uk.

For more details of the argument for opting back in, see the previous post on this blog.

Dear Sir,

Parliament will soon face a crucial vote on the Government’s proposal to opt into certain EU measures. A key concern is
the European Arrest Warrant (EAW).

Without
the EAW other EU members may be unable speedily to extradite suspects
like Hussain Osman or Jeremy Forrest to
Britain - both in jail after use of the EAW. Unsurprisingly, the
Association of Chief Police Officers believes we cannot afford to lose
it.

Britain also risks becoming a safe haven for fugitives from justice – a handful of them British citizens, but the vast
majority foreign nationals wanted for crimes elsewhere in Europe.

At
home, recent statutory changes should help prevent extradition to long
pre-trial detention overseas, and curb EAW use
for trivial offences. Overseas, Britain can only lead reform of Europe’s
criminal justice co-operation by being part of the system.

There is no credible alternative to the EAW. Other EU members will be reluctant to adopt new laws if we reject a system
that works. Resort to international law on extradition would be slow and ineffective.

A vote to opt in will be a vote for security and for fair and effective criminal justice.

Yours,

from the Legal Profession

Rt Hon Lord Phillips of Worth Matravers KG

Lord Carlile of Berriew CBE QC

Rt Hon Sir Henry Brooke CMG

Rt Hon Sir David Edward KCMG QC FRSE

Rt Hon Sir Anthony Hooper

Rt Hon Sir Francis Jacobs KCMG QCRt Hon Sir David Latham

Rt Hon Sir Konrad Schiemann

Andrew Caplen, President of The Law Society of England & Wales

Alistair Morris, President of The Law Society of Scotland

Evanna Fruithof, Consultant to The Bar Council

Jonathan Cooper OBE, Doughty Street Chambers

Richard Clayton QC, 4-5 Gray’s Inn Square

Tom de la Mare QC, Blackstone Chambers

Helen Malcolm QC, Three Raymond Buildings

Professor Philippe Sands QC, Matrix Chambers

from Law Enforcement and Civil Society

Lord Blair of Boughton QPM

Lord Harris of Haringey

Baroness Ludford, former Member of the European Parliament

Rt Hon Lord Roper

Rt Hon Charles Clarke

Andrea Coomber, Director of JUSTICE

Charles Grant, Director of the Centre for European Reform

William F Hughes CBE QPM, former SOCA Director General

Michael Kennedy CBE, former President of Eurojust, former COO at CPS

Peter Neyroud CBE QPM, former Chief Constable

from the Legal Academy

Professor John Spencer QC, Cambridge University

Professor Estella Baker, De Montfort University

Professor Patrick J Birkinshaw, Hull University

Professor Paul Craig, Oxford University

Professor Brice Dickson, Queen’s University Belfast

Professor Piet Eeckhout, University College London

Professor Angus Johnston, Oxford University

Professor Valsamis Mitsilegas, Queen Mary University of London

Professor Steve Peers, University of Essex

Nicola Padfield, Cambridge University

Dr Cian Murphy, King’s College London

Dr Veronika Fikfak, Cambridge University

Dr Alicia Hinarejos, Cambridge University

Dr Rebecca Williams, Oxford University

Hugo Brady, London School of EconomicsFurther signatories:Fergus Randolph QC, Brick Court ChambersPaul Garlick QCRoger Smith, former chair of JusticeDaniel Sternberg, barristerCarl Gardner, blogger, Head of LegalKlentiana Mahmutaj, barrister Thomas Garner, Gherson Solicitors Shoaib M Khan, human rights lawyerCharlie Edwards, Royal United Services Institute for Defence and Security StudiesCamino Mortera, Centre for European Reform Dr Marianne Wade, University of BirminghamTheodora Christou, Queen Mary, University of LondonProfessor James Chalmers, Glasgow UniversityDr Egle Dagilyte, Bucks New UniversityProfessor Tamara Hervey, University of SheffieldProfessor Ed Cape, University of the West of EnglandJohn Flood, Visiting Professor, University of WestminsterDr Paul James Caldwell, University of SheffieldProfessor Geoff Gilbert, University of EssexMatilde Ventrella, University of WolverhamptonDr Richard Ball, University of the West of EnglandProfessor Jo Shaw, University of Edinburgh Colm O'Cinneide, University College London Professor Geert van Calster, King's College London and barristerDr Sara Drake, Cardiff UniversityJosephine van Zeben, Oxford UniversityAlison Young, Oxford UniversityDr Barbara Havelkova, Oxford UniversityProfessor Sionaidh Douglas-Scott, Oxford UniversityProfessor Julie Dickson,Oxford UniversityDr Maria Fletcher, University of GlasgowHelena Wray, University of MiddlesexProfessor Laurent Pech, University of MiddlesexDr Noreen O'Meara, University of SurreyDr Mario Mendez, Queen Mary University of London Claude Moraes, Member of the European Parliament